Challenging racist behaviour in the workplace

Is an organisation liable for racist behaviour from one contractor to another contractor, when neither are legally employees?

While working for the Probation Service, Mr Odain was subjected to multiple incidents of racial discrimination and harassment by another contractor in 2019.

These included the person making monkey chants towards Mr Odain while he was talking to colleagues.

Mr Odain reported the racist behaviour to managers at the Probation Service but, following a flawed investigation, the offender was allowed to return to work in the same office, leaving Mr Odain with no choice but to leave the job he enjoyed.

The monkey chants were not disputed by the Probation Service in the legal case, which instead focused on the liability of organisations to protect workers employed through third parties from harassment from other workers also employed through third parties.

We supported this case through our fund for race discrimination cases, part of our Legal Support Scheme.

Many people in Britain have experienced prejudice and discrimination because of their race. 

Through our fund, we provide vital funding and legal assistance to help people seek justice and hold perpetrators to account.

Every employer, service provider or educational establishment must understand their responsibility to stamp out prejudice and discrimination, and what the consequences are if they don’t follow the law.

We provided funding assistance which allowed Mr Odain’s case to be prepared for, and represented by counsel at, a preliminary hearing on a legal point about vicarious liability. The hearing did not come to a definitive decision on this but did say that it was possible that the HMPPS could be liable for the contractor’s racist behaviour so the claim could continue to a full hearing.

More than three years after Mr Odain’s initial complaint, HMPPS settled the case after a preliminary hearing found it may be liable for the racist behaviour of the contractor towards Mr Odain. The settlement was accepted before the final hearing.

Mr Odain received compensation, but the settlement does not include an admission of liability, or commitment from HMPPS to review its policy around how contractors are treated.

Everyone going to work should expect to feel safe from harm and no one should suffer the shocking racism experienced by Mr Odain.

Employers, third party contractors, and workers all benefit if any awful incidents like this are addressed quickly and appropriately by management.

It is disappointing that, in this case, HMPPS chose to defend themselves on the basis of legal technicalities rather than to commit positively to protect and support their own staff. Racism is never acceptable.

We hope the financial settlement will help Mr Odain move on from his experience. As Britain’s equality watchdog, we will continue to use our unique powers to help people like Mr Odain seek justice through initiatives like our fund for race discrimination cases.